Attorney Brian Carr obtained a dismissal of all claims against his client, a local municipality, in Albany County Supreme Court before the Hon. Thomas McNamara. Mr. Carr’s client was alleged to have wrongfully demolished a residential structure.
In an incident that garnered substantial media coverage, a local municipality was required to undertake the emergency demolition of a three-story home. The home was attached to another residence that had previously experienced a partial structural failure. As a result of that previous failure, both residences became structurally unstable and presented a danger to the community. The emergency demolition of both residences prompted a later civil action against Mr. Carr’s client, the municipality.
Mr. Carr moved for motion for summary judgment on behalf of his client and argued that the municipality’s actions were afforded qualified immunity and were objectively reasonable based upon the nature of the emergency. Plaintiffs, who lived in the home for their entire lives and who lost a significant amount of their personal belongings in the demolition, argued that the demolition was not immediately necessary and that the home could have been saved. Judge McNamara agreed with Mr. Carr’s arguments and granted the municipality’s motion for summary judgment dismissing all claims against it.
